SPRING. A fountain.
2. The owner of the soil has the exclusive right to use a spring
arising on his grounds. When another has an easement, or right to draw water
from such a spring, acquired by grant or prescription, if the spring fails
the easement ceases, but if it returns, the right revives.
3. The waters which flow from the spring give rise to a variety of
difficulties, the principal of which are, 1st. The owner of the inheritance
in which the spring arises turns their course. The owner of the inferior
estate, whose, meadow they fertilized, and who is deprived of them, claiming
the right to them. 2d. The owner of the spring does not prevent the water
from flowing on the inferior estate, but gives them a new direction
injurious to it. 3d. The owner of the superior inheritance disposes of the
water in such a way as to deprive the owner of the estate below him. The
rights of these different owners will be separately considered.
4.-1. The owner of land on which there is a natural spring, has a right
to use it for domestic and culinary purposes and for watering his cattle,
and he may make an aqueduct to another part of his land, and use all the
water required to keep the aqueduct in order, or to keep the water pure. 15
Conn. 366. He may also use it for irrigation, provided the volume be not
materially decreased. Ang. W. C. 34. Vide Irrigation; and 1 Root, 535; 2
Watts. 327; 2 Hill, S. C. 634; Coxe, 460; 2 Dev. & Bat. 50; 9 Conn. 291; 3
Pick. 269; 13 Mass. 420; 8 Mass. 136; 8 Greenl. 253.
5.-2. The owner of the spring cannot lawfully turn the current or give
it a new direction. He is bound to let it enter the inferior estate on the
same level it has been accustomed to, and at the same place; for every man
is entitled to a stream of water flowing through his land, without
diminution or alteration. 6 East, 206; 2 Conn. 584. Vide 3 Rawle, 84 12
Wend. 330; 10 Conn. 213; 14 Vern. 239.
6.-3. The owner of the superior inheritance, or of the land on which
there is a spring, has no right to deprive the owner of the estate below
him; 1 Yeates, 574; 5 Pick. 175; 3 Har. & John. 231; 12 Vern. 178; 13 Conn.
303; 3 Scam. 492; nor can be detain the water unreasonably. 17 John. 306; 2
B. C. 910. Vide Ham. N. P. 199; 1 Dall. 211; 3 Rawle's R. 256; Jus
Aquaeductus; Pool; Stagnum; Back Water; Irrigation, Mill; Rain Water; Water
Course.

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